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Family
Law: Adoption |
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Who May Adopt?
Any Indiana resident of lawful age may petition the court to adopt a child under the age of 18.
A medical history form must be completed and filed within 60 days of the petition.
If the petitioner is married, the spouse must join in the petition, unless the spouse is the
child's natural parent and consents to the adoption. A non-resident may file a petition to adopt a
"hard to place" child. Any Indiana resident may adopt a person over 18 years of age if such person consents.
Investigation and additional consents are only necessary as the court may require. |
What is the
"Home Study" Investigation?
Except in certain cases, the court will require the prior written approval of a child-placing agency or county welfare department.
A variable period of supervision is necessary before the court will grant adoption.
The court will also order a report and recommendation to be made by an appropriate agency as to the advisability of the adoption.
What Consents are Required in an Adoption?
In general each living and known parent of a child must consent to the adoption as must the child if he or she is over 14 years old. There are, however, several exceptions to this rule which are set out in the statute.
In addition, persons or agencies having lawful custody of a child must consent. Consent will not be required in a number of instances such as unfitness of the parents, non-support, inadequate visitation, inadequate support or visitation by a parent, habitual drug or alcohol use by the parents, or other situations established by law.
Consent is not required of a father of a child born out of wedlock, unless paternity has been determined or a petition therefore has been filed, but such father is entitled to notice of the adoption petition and has a rights to be heard.
Consent is not required of the biological father of a child conceived as a result of incest, child molesting or rape where the father is convicted under
I.C. 35-42-4-1.
Is Adoption Information Kept Confidential?
Certain adoption history information can now be released by the State Registrar.
Birth parents may sign and file a non-release form with the State Registrar.
Birth parents may sign and file a non-release form with the State Registrar to restrict the release of some of this information.
The form can be obtained from the State Registrar, and when giving consent the birth parent is to be advised of this information and is to be given this form.
Any person can furnish to the State Registrar additional adoption history (including medical) information concerning the child.
Do I need an attorney?
This information is based on Indiana law and is issued to inform, not to advise.
Adoption laws are complex regarding parental rights and consent and notice requirements.
Adoptions also require court hearings. You should not attempt to file petitions or attend hearings without the help of an attorney.
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